Case Law Details
Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata)
CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding only mentioned about the two properties owned by the assessee and confirmed the addition made by ld. AO. However, ld. AO did not make any addition for Deemed Rental Income for the Bhuvneshwar property since it is used for commercial purposes. As regards the property at Ghaziabad it is stated by the assessee that the same is not habitable due to lack of electricity and water connection but this argument has neither been considered by ld. CIT(A) and nor rebutted by ld. Representative before us.
Under these given facts and circumstances of the case since the residential flat at Ghaziabad is not habitable, therefore, ld. AO was not justified in making addition for Deemed Rental Income in the hands of the assessee.
FULL TEXT OF THE ORDER OF ITAT KOLKATA
This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2013-14 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-NFAC, Delhi [in short ld. “CIT(A)”] dated 15.09.2022 arising out of the assessment order framed u/s 143(3)/ 147 of the Act dated 27.12.2018.
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